i was hoping someone could point me in the direction of some case law or guidance.
we are moving award and its patient back to its original location after a period of refurbishment.
the lady is subjected to a DoLS and this will be done again if and when she arrives back at the old ward.
The lady is refusing however and well capable of enforcing her refusal.
Hi Sean, not sure if this is helpful, but it relates to the ‘conveyance’ part of your question and is taken from ADASS, ‘Applications to the Court of Protection: a Guide for Council Staff’ (8/6/17) which states on page 4:
Transporting a Person to a Care Home/Hospital
Usually transporting someone who lacks capacity for the decision, from their home, to a hospital or care home by ambulance in an emergency will not amount to a deprivation of liberty and can be achieved under the wider provisions of the MCA.
Exceptions to this needing further consideration would be:
- When it is necessary to involve the police to gain entry to the person’s home to assist with the move
- When it is necessary to do more than persuade or use transient physical restraint of the person during the move so that, for example, force or the threat of force have to be used to overcome the individual’s resistance to be transported
- When the person may have to be sedated
- When subterfuge has to be used.
- When the journey is exceptionally long or otherwise very onerous for the individual
In these circumstances authority will be needed from the Court of Protection, either prior to the removal or (in emergency situations contemplated by Section 4B of the MCA) at the same time as the removal is taking place.
The Court will expect a detailed conveyance plan to be prepared and submitted which will usually include planning for restraint and consideration of the less restrictive options in relation to the move.
that’s very useful , much appreciated